On 23 June 2015 the Constitutional Court adjudicated that Article 79 paragraph. 1 point 3 letter b of the Act dated 4 February 1994. on copyright and related rights in scope, in which right holder whose author’s economic rights have been infringed may request the infringer., triple the amount of the relevant royalty that would at the time it is claimed have been due for the right holder authorizing the use of the work is inconsistent with Article 64.1 and 2 in connection with art. 31 paragraph 3 in conjunctions with Article 2 of the Polish Constitution.
The Court stated in its oral grounds that the sanction is inadequate and does not justify the need to protect creators.
More about the motives decision soon on our blog